Delaware Land Disposal Restrictions regulations & environmental compliance analysis

Delaware Land Disposal Restrictions: What you need to know

Governing Law and Regulations

Land disposal restrictions (LDRs): 7 Delaware Administrative Code (DE Admin Code) 1302.268.1 to 1302.268.50 and Appendices

Regulatory Agencies
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Delaware Department of Natural Resources and Environmental Control (DNREC) Division of Air and Waste Management Waste Management Section Solid and Hazardous Waste Management Branch

U.S. Environmental Protection Agency (EPA) Region 3

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Delaware follows the federal land disposal restrictions (LDRs), including the Phase IV federal LDRs and best demonstrated available technology (BDAT), with the exception of 40 CFR 268.32 and Appendix III to 40 CFR 268. In addition, Delaware did not adopt the following federal LDRs because EPA has not delegated authority to states to implement these rules:

—Case-by-case extensions (40 CFR 268.5)

—No-migration variances (40 CFR 268.6)

—Equivalent method variances (40 CFR 268.42(b))

—Variances from treatment standards (40 CFR 268.44)

See LDR Exceptions in the national section LAND DISPOSAL RESTRICTIONS/LAND BAN for more information about these extensions and variances.

Administration and enforcement. Delaware's hazardous waste management program is authorized by EPA and administered and enforced by DNREC's Waste Management Section. However, when new regulations are issued under the Hazardous and Solid Waste Amendments (HSWA) to RCRA, EPA will administer these new regulations until the time that equivalent or more stringent rules are adopted in Delaware.


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Delaware Land Disposal Restrictions Resources

Type Title
Checklists Treatment Facility LDR Checklist
See all Land Disposal Restrictions Resources